View full sizeGus Chan, The Plain DealerCleveland police officer David Mindek holds the hand of his wife, Kim, while listening to his attorney Patrick D'Angelo after Mindek was acquitted of dereliction of duty.

CLEVELAND, Ohio — A Cuyahoga County judge acquitted a Cleveland police officer Wednesday for his actions before the fatal shooting of a Parma man last year. The verdict vindicated the officer and angered the victim's family.

Patrolman David Mindek was charged with dereliction of duty, a misdemeanor, in Cuyahoga County Common Pleas Court for what prosecutors said was a failure to help another officer apprehend and arrest Daniel Ficker, 27, of Parma. The other officer, Matthew Craska, shot Ficker after a brawl July 4, 2011.

Judge Robert McClelland made the ruling following a two-day trial in which Mindek waived his right to have a jury hear his case. His lawyer did not call any witnesses.

McClelland said evidence showed Mindek, who was off duty, provided "some measure of assistance" to Craska. The fact that Mindek was unsuccessful "does not equate with a dereliction of duty," the judge said.

"There is clear evidence that the defendant took some actions, and those actions do not demonstrate a substantial lapse of due care," McClelland said.

Mindek did not react after the verdict, though he seemed relieved. On the elevator to McClelland's courtroom, he appeared nervous and worried. His attorney, Patrick D'Angelo, said Mindek would not talk with reporters because of a pending civil case in U.S. District Court.

After the verdict, Ficker's family said they had expected the ruling.

"Never in a minute did I think he was going to be convicted," said Ficker's father, Dennis. "You have their side of the story. The only other person who could speak about what happened is dead. We never expected justice here. . . . This trial was a slap in the face to me."

He said he is hoping for justice from the federal case, in which the Ficker family is suing Cleveland and its Police Department over the shooting.

The case focused on Mindek's family. Ficker's girlfriend was a cousin of Mindek's wife, who hosted a party at their home in Cleveland on July 3, 2011. Mindek's wife later noticed about $8,000 in jewelry and cash had been stolen from her home, and she believed Ficker was responsible, according to trial testimony.

Hours later, when he returned home from his shift, David Mindek called Craska to report the incident. Craska patrolled the area near Mindek's home and got permission from a Cleveland supervisor to drive to Parma to talk to Ficker. Mindek, who was off duty, went along.

Craska testified that he tried to talk with Ficker, but the situation escalated quickly. Soon, the two men were involved in an intense fight that lasted five to six minutes and included Ficker head-butting Craska, as well as reaching for the officer's weapon, according to testimony.

During the trial, Assistant Cuyahoga County Prosecutor Brian McDonough said Mindek did so little in the attack that "it was like Dave Mindek wasn't even there." He said Mindek was caught in a family situation that rapidly swung into his job. After the verdict, the prosecutor maintained his stance.

"Dan Ficker didn't deserve to lose his life, and Matt Craska didn't deserve to defend his life [because of] the inaction of officer Mindek," McDonough said.

Mindek's statement to authorities said he tried to hold down Ficker's legs and place handcuffs on him and pushed to keep Craska's gun in its holster while Ficker tried to get it out.

"All I was doing was pushing it as hard as I could into the holster," Mindek said. He said he got kicked to the ground, and D'Angelo said the officer suffered cuts and bruises from the attack.

Throughout the trial, D'Angelo placed the blame on Ficker. Testimony revealed that Ficker had a 0.232 blood-alcohol content, nearly three times the limit that determines drunkenness under state law. He said the officers simply wanted to talk with Ficker when they approached him.

"The reality is that Mr. Ficker was not a good person," D'Angelo said. "It's sad that people don't realize that."

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